Also, let me quote from the memo:
As there is no right to the favorable exercise of discretion by the agency, nothing in this memorandum should be construed to prohibit the apprehension, detention, or removal of any alien unlawfully in the United States or to limit the legal authority of ICE or any of its personnel to enforce federal immigration law. Similarly, this memorandum, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.
link to the Executive Order is right there in the HotAir article, second paragraph under "the new memo".
The memo didn't come from the White House. It came from the Director of ICE, and it's consistent with immigration policy from the past going as far back as 1973. The problem, as the ICE Director puts it, is the agency doesn't have the resources, i.e., manpower and detention facilities, to prosecute every illegal alien they catch. The memo didn't say that ICE would shirk its duties in apprehending illegal aliens, however. It merely stated that it will focus its attention in those areas vital to our national security interests, i.e., drug trafficers, arms smugglers, individuals on terrorist watch lists, etc., and make decision who to prosecute based on various circumstances which it has the authority to do. (See pages 4 and 5 of the memo for more details)
I understand people's frustration, mistrust or even anger in this matter, but ICE isn't doing anything here they haven't been doing for over 3 decades. Moreover, even the Supreme Court has ruled in favor of some resident aliens with questionable immigration status and allowed them to stay based on various circumstances as outlined in pages 4 and 5 of the memo, i.e., their "ties" to family, work history, U.S. military affiliation, etc. But yes, in a manner of speaking this ICE Director's memo is a "go-around" Congress, but it's not inconsistent with the agency's "presecutorial discretion" practices of the past.
Last edited by Objective Voice; 06-26-11 at 03:20 PM.
You can relax, pardna...I already said that.
This memo is from the top. So it isn't guidance so much as it is direction.
The states do have options. Every state which is so inclined can pass laws that make it illegal to hire, or help illegal aliens. When businesses lose their licenses because they hired illegal immigrants there is not so much demand for them. And they drive away to Tennessee or California. Or someoher state that has failed, is about to fail or will fail.
Last edited by Misterveritis; 06-26-11 at 03:35 PM.